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Awan-Legal, Solicitor

Category: UK Employment Law

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Experience: Expert

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i have been diagnosed with suspected ms and are now going through

Resolved Question:

i have been diagnosed with suspected ms and are now going through a management restructure at work the company has offered me voluntary redundancy does this mean this will be less than the package offered if i was to be unsucessful in gaining a position and also should i get any extra money due to me being over 40 years old?

Voluntary redundancy makes it easier for the employer to reduce its headcount without having to undergo forced redundancy, therefore if an employee is willing to take redundancy through voluntary redundancy then it means one less person potentially who does not want to leave.

Awan-Legal :

It would not therefore be less than the forced redundancy package (i.e. if you were unsuccessful in keeping your position) as you are still entitled to the same redundancy package. However, this would give you a slight advantage over being selected for redundancy as you could negotiate the terms of your voluntary redundancy and negotiate better terms through a compromise agreement potentially.

Awan-Legal :

A guardian article explains it will as follows:

Awan-Legal :

Understand what you are being offered

Employers offering voluntary redundancy want to achieve a certain headcount loss so they do not have to resort to forced redundancies. They may, therefore, be willing to offer more than they first put on the table.

Play up any and every positive aspect of your employment record, such as attendance records, past employee recognition or really positive appraisals. Since you have shown dedication and loyalty, the least they can do is match this now. Ask for additional periods of notice, or maybe outplacement support to put you in a strong position for finding new work.

Chick suggests using a third party to do the negotiation for you. However, whether you or a representative are handling negotiations, he adds: "Treat the people who are communicating the decision to you with respect. The more you make their life easy, the more you will get out of them."

Your union representative, if you belong to one, might be able to offer legal help for checking the compromise agreement (the terms that you agree to on leaving).

The online calculator as follows allows you to work out your redundancy payments (you will only be eligible for redundancy if you have worked at the company for 2 years+) but you should ask for an enhanced rate if you opt for the voluntary redundancy:

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